Background on Cecil Steward’s Proposed Change of Zone - Currently on premise alcohol sales are a permitted use in the B-4 Lincoln Center Business District. They are a conditional use in the B-2 and B-5 district and require a special permit in the B-1, B-3 and all ‘H’ and ‘I’ districts.

Cecil Steward Proposal - Amend Section 27.35.025 of the Lincoln Municipal Code to change the sale of alcohol for consumption on premise alcohol from a permitted to conditional use in the B-4 “Downtown” zoning district. Any new establishment that could not meet conditions would be prohibited. All existing establishments would be grandfathered. The following is a generalization of the conditions:

1. The designated area specified in a license must be located no closer than 100 feet from the property line of a premises used in whole or in part for:
   • a first-floor residential use,
   • multiple-family dwellings (minimum of three units),
   • early childhood care facility,
   • public museum,
   • recreation facility which primarily serves persons younger than 18 years of age,
   • school,
   • domiciliary care facility,
   • park,
   • church,
   • or 100 feet from a residential zoning district.

   The 100 foot separation to a residential use only applies to licensed premises located in a separate building.

2. The use shall not have any amplified outside sound, microphones, or speakers within 100 feet of any residential district or multiple-family dwellings.
3. All requirements for liquor sale shall apply, including licensing by the state.
4. There is no separation requirement, as stated in (1) and (2) above, for alcoholic beverages sold for consumption on the premises of a restaurant provided:
• A restaurant must have gross sales from the sale of alcoholic beverages shall not exceed forty percent (40%) of the gross sales of food and beverages.
• The restaurant shall serve full-course meals as defined by Neb. Rev. Stat. § 53-123.04(c)(3) during the hours of operation (generally meaning food served with tableware to be eaten sitting down.)
• Hours of outdoor operation are limited to between 8:00 a.m. and 10:00 p.m. when within 100 feet of residential.
• The restaurant shall not have any gaming devices or self-serve vending.

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